Committee publications
Polish legal framework for nuclear small modular reactors
The article describes the existing Polish regulations on nuclear small modular reactors (SMRs) and presents the regulations contained in the Atomic Law and the Nuclear Special Act. On the basis of these legal acts, the main stages of the investment process are introduced, including the types of administrative permits required for this type of investment. The article draws attention to legal restrictions as well as other types of barriers to the development of SMR technology in Poland and also discusses the status of the first SMR projects in Poland.
Released on Jun 16, 2024
Overview on the current SMR’s development status in Mexico
Mexico is exploring the potential of Small Modular Reactors (SMRs) to enhance its nuclear energy capabilities. The Political Constitution assigns the responsibility for electric energy planning and control to the federal government, emphasising the strategic role of transmission and distribution. Key agencies such as the Ministry of Energy, the National Commission on Nuclear Safety and Safeguards (CNSNS) and the Federal Electricity Commission (CFE) are pivotal in this effort. While no specific SMR plans have been detailed, these bodies are actively involved in discussions and evaluations. The National Institute for Nuclear Research (ININ) also supports nuclear energy initiatives, including SMRs, to meet energy demands and reduce fossil fuel reliance. Despite the lack of a formal timeline, Mexico’s energy strategy shows promise for integrating SMRs into its clean energy future.
Released on Jun 16, 2024
Navigating new horizons: the legal framework for SMRs in Pakistan
This article investigates the possibility of Small Modular Reactors (SMRs) as a solution to Pakistan’s growing energy demands amidst challenges such as rising inflation, natural disasters and debt default. Highlighting the country’s reliance on imported fuel and the consequent circular debt, the article advocates for a move to nuclear energy, specifically the use of SMRs with Chinese aid through the China-Pakistan Economic Corridor (CPEC). The article describes China-Pakistan nuclear cooperation and the need for the Pakistan Atomic Energy Commission (PAEC) and the Pakistan Nuclear Regulatory Authority (PNRA) to provide a legal and regulatory framework to enable safe SMR deployment.
Released on Jun 16, 2024
Legal perspectives on SMRs in Canada
Canada is targeting net-zero carbon emissions by 2050. Small modular nuclear reactors (SMRs) are emerging as a potentially pivotal technology to achieving Canada’s emission targets. Several SMR projects are in development and offer a means to decarbonise the electricity grid, connect isolated Canadian communities, support Canada’s mining industry and potentially support medical applications. SMRs offer significant potential but development remains challenging and further evidence is required for deployment at scale. In this context, developments in regulation, licensing and design review will significantly impact the future of Canada’s emerging SMR industry.
Released on Jun 16, 2024
Türkiye: legal framework of small modular nuclear reactors and applications
The first initiatives regarding nuclear energy in Türkiye date back to approximately 70 years ago. Since this period, significant steps have been taken at various stages, culminating in the current state of nuclear energy development. A prime example of this progression is the collaboration between the Government of Türkiye and the Government of Russia to establish and operate the Mersin-Akkuyu nuclear power plant, including its ongoing construction. Additionally, similar projects are currently underway in Sinop and İğneada-Kırklareli. Consequently, the importance Türkiye places on nuclear energy indicates a potential shift towards Small Modular Nuclear Reactors (SMRs). Studies related to SMRs are being conducted by both governmental and private institutions.
Released on Jun 16, 2024
Brazilian tax reform: what should we expect?
Taxes in Brazil have never been easy, and they are likely to become even more complicated in the years to come, even if, in the long term, they are for a potentially positive outcome.
Released on Jun 11, 2024
Transfer pricing in India – a critical analysis
Transfer pricing, in very basic terms, refers to stock transfers between multinational companies or enterprises. But as easy as it sounds, it is also complex.
Released on Jun 11, 2024
Some reasons for the significance of American and British law firms in the global context
Globalisation has fundamentally accelerated and altered business transactions. The search for low labour costs and cheap raw materials has led to a proliferation of international transactions and large international law firms are being called on to participate in complex transactions generally and help businesses tap into sources of finance around the world for investment.
Released on Jun 11, 2024
Revolutionary changes in Argentina’s economic legislation
On 10 December 2023, a new president was inaugurated in Argentina with a strong capitalistic and conservative profile. President Javier Milei believes in balanced state budgets, free international trade, insertion of the country in the Western world, private investment as a means of economic growth and social advancement and deregulation of the economy.
Released on Jun 11, 2024
Globalisation is here to stay, and lawyers have got the message
It was not very long ago that the idea of an international law practice, much less that of an international law firm, was, if not a completely bizarre notion, certainly most unusual. Indeed, there was a time when, if you said ‘international law firm’, you would have been talking about the Franco-American law firm Coudert Brothers (or Coudert Frères), now vanished into the mists of history; and maybe Baker & McKenzie, the Dentons of the mid-century legal world. And that was it.
Released on Jun 11, 2024
New decisions in the Italian legal system regarding corruption in the healthcare sector
The fight against corruption in the healthcare sector in Italy is exploring new and interesting paths. Many pharmaceutical and medical device companies have been indicted in the last years for corruptive practices to ensure the utilisation of their pharmaceutical or medical products in hospitals.
Released on Jun 11, 2024
Top five takeaways on corruption perception in Latin America: insights from professionals across the region
Nearly ten years after it started, one of the biggest corruption scandals in recent history, ‘Lava Jato’, or Operation Car Wash, continues to wind its way through the Brazilian courts. In January 2024, a Brazilian Supreme Court judge suspended the payment of more than US$2bn by Novonor (formerly Odebrecht) as part of a leniency agreement where executives admitted to bribing Brazilian officials.
Released on Jun 9, 2024
Anti-bribery and corruption developments in South Africa
South Africa has, for decades, been grappling with the malaise of corruption. This has had a concomitant negative impact on public confidence, hindered economic growth through irregular expenditure and eroded the effectiveness of government institutions. There have, however, been notable developments in the country's efforts to update and enforce measures to fight corruption, which are traversed in this article.
Released on Jun 9, 2024
Focus on the CJIPs concluded at the end 2023 by ADP Ingénierie and SEVES Group/SEDIVER for the corruption of foreign public officials
On 4 December 2023, the Paris judicial court (tribunal judiciaire de Paris) approved the last two conventions judiciaire d’intérêt public (CJIP) (deferred prosecution agreements) for the corruption of foreign public officials, signed between the National Financial Prosecutor’s Office (Le procureur national financier or PNF) and ADP Ingénierie (ADPI) on the one hand and SEVES Group/SEDIVER on the other hand.
Released on Jun 9, 2024
Costa Rica strengthens its compliance and anti-corruption regulation
As part of Costa Rica's process of adherence to the Organisation for Economic Co-operation and Development (OECD), various laws have been enacted in order to strengthen the regulatory framework on compliance and anti-corruption. Part of these efforts are reflected in the recent enactment of two new laws that seek to strengthen our country's commitment to the fight against corruption and conform to high international standards, with special reference to the OECD Anti-Bribery Convention.
Released on Jun 9, 2024
Observations on new trends in Chinese anti-corruption laws and practice
In the Chinese legal system, provisions addressing commercial bribery are dispersed across various legal instruments and judicial interpretations. Among the different legal authorities in China, the core provisions guiding anti-corruption can be found in the Anti-Unfair Competition Law and its draft Amendment (issued in 2022 and still open for public comment); the Criminal Law of China, along with its amendments; and the Supervision Law of China and its accompanying regulations for implementation.
Released on Jun 9, 2024
Chile's new Economic Crimes Law
In August 2023, a new law on economic crimes came into force in Chile (Law No 21.595 or the ‘Economic Crimes Law’), which entails the most significant change in terms of criminal regulation since the promulgation of the Criminal Code in 1874. Anti-corruption matters are no exception and are also covered under this new law.
Released on Jun 9, 2024
Key considerations for effective compliance programmes in the Brazilian healthcare sector
Healthcare may be considered as one of the largest and most complex sectors in the world. Different legal entities and professionals provide services, devices, facilities and insurance, or goods and services to facilitate the provision of healthcare to patients, usually under strong regulation in most countries.
Released on Jun 9, 2024
Due diligence corporate sustainability: challenges and opportunities for LATAM companies
Supply chains, the arteries of global commerce, have empowered businesses, especially multinational corporations. However, this expansion has also exposed vulnerabilities, including human rights violations and environmental damage. In today's interconnected economy, with increasing awareness of the social and environmental impact of business operations, the integration of human rights considerations into supply chain management has emerged as a critical aspect of corporate sustainability.
Released on Jun 9, 2024
Brazilian legal framework on automated decision-making
Automated decisions have been increasingly used by organisations for different purposes in a myriad of sectors. Decisions that were previously taken by humans, such as those related to hiring and dismissing employees; assessing insurance risks and credit scores; diagnosing medical conditions; and moderating social media content, are now being made by artificial intelligence (AI) systems through the massive processing of personal data. Although the rise of AI has undeniably brought many benefits to society, primarily through increased productivity and maximising efficiency, the widespread use of these systems also presents significant legal and ethical challenges to regulators worldwide.
Released on Jun 9, 2024
‘Privacy by design’: leveraging technology to ensure data privacy
As data privacy becomes an increasingly important concern across the world, innovative mechanisms such as privacy by design can be incorporated by corporations to add defensibility and probative value to their data privacy compliances.
Released on Jun 9, 2024
Guidelines and Regulations to Provide Insights on Public Policies to Ensure AI’s Beneficial Use as a Professional Tool
The Artificial Intelligence Working Group of the IBA Alternative New Law and Business Structures (ANLBS) Committee presents a comprehensive, up to date guide to the use of artificial intelligence as a professional tool, covering the main multilateral organisations and nine jurisdictions worldwide.
Released on Jun 7, 2024
The interplay between the Cape Town Convention and insolvency law when a private airline company undergoes liquidation in India
The juxtaposition of India’s insolvency law and the Cape Town Convention has faced rigorous examination subsequent to Go First's recent insolvency petition. This article delves into the nuances of the Go First scenario, scrutinising how India’s National Company Law Tribunal's acceptance of the insolvency petition under Section 10 of the Insolvency and Bankruptcy Code, 2016 (IBC) conflicts with the rights of aircraft lessors under the Cape Town Convention (CTC).
Released on Jun 4, 2024
OTT, IDC and cloud-computing services under Telecom Law 2023
In Vietnam, over the last decade, new-generation and innovative ‘telecommunication’ services such as over-the-top messaging (OTT) service, internet data centre (IDC) service and cloud-computing service (Cloud) have emerged and developed rapidly as a result of the 4.0 industrial revolution.
Released on Jun 4, 2024
Navigating the complex landscape of interlocking directorates in India
This article explores the complex implications of interlocking directorates and common ownership on competition, particularly in the Indian context. Through a comparative analysis, empirical evidence and case studies from across the globe, the article evaluates whether interlocking directorates has potential for both anti-competitive behaviour and innovation. It also explores whether it is possible that common ownership can enhance, rather than hinder, competitive dynamics.
Released on Jun 4, 2024
The 2024 scheme: the advent of Green Hydrogen Hubs in India
India’s Ministry of New and Renewable Energy has published its ‘New Scheme Guidelines for Setting up Green Hydrogen Hubs under the National Geen Hydrogen Mission’ on 15 March 2024 which aims to encourage the establishment of Green Hydrogen Hubs and usher in their integration into the renewable energy eco-system. These hubs will be funded by the Central government in collaboration with State governments, local authorities and the private sector in order to propel the market for Green Hydrogen in India.
Released on Jun 4, 2024
Sanctions clauses in international contracts with a Russian nexus
Over the past few years, there has been an obvious trend towards strengthening and expanding sanctions restrictions. However, despite the geopolitical environment, Russia remains attractive for foreign businesses. In this regard, properly drafted sanctions clauses may help adapt commercial contracts in the current climate, reduce sanctions risks and associated consequences and ensure that business functions in full compliance with the legislative requirements in practice.
Released on Jun 4, 2024
The changing social tides in Southeast Asia
The recent introduction of a bill advocating the legalisation of same-sex marriage in Thailand is a significant milestone in the country’s ongoing pursuit of LGBTQ+ equality. This progressive proposal underscores Thailand’s dedication to human rights and strengthens its reputation as a beacon of acceptance in Southeast Asia. If passed into law, the bill not only will grant equal rights to LGBTQ+ citizens but also enhance Thailand’s status as an inclusive destination for all global travellers. This legislative initiative reflects a broader societal shift toward tolerance and inclusivity, and paves the way for a future where all individuals are respected and treated equally under the law.
Released on Jun 4, 2024
Indian Supreme Court sets aside half a billion dollar arbitral award to ‘cure’ miscarriage of justice
The Supreme Court of India, in its recent judgment in Delhi Metro Rail Corporation Ltd v Delhi Airport Metro Express Pvt Ltd, set aside an arbitral award on grounds of patent illegality. This judgment was delivered in a curative petition, which is a final remedy, exercised in the rarest of rare cases by the Supreme Court. This article analyses the reasoning of the Supreme Court to set aside the arbitral award, and the pitfalls of such a decision in a curative petition.
Released on Jun 4, 2024
Valuing the ‘new oil’: the intersection of international data valuation practice and regulatory regimes
The financial valuation of data – an intangible asset – is an emerging area of increasing strategic significance. While many factors influence data value, this article explores the lesser known interplay between data regulation and data valuation, while also considering key requirements of the International Valuation Standards (IVS) and key value drivers of data. Such considerations may be pertinent for practitioners in transactional, insolvency, regulatory and disputes contexts.
Released on Jun 4, 2024